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CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts in Human Rights
POLICY DEPARTMENT CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS:

By Sylvia Walby

Rape matters. It destroys lives, as its traumatizing effects can linger long after the immediate pain and suffering. It is a form of gender inequality, an injury to health, a crime, a violation of women’s human rights and is costly to economy and society. Rape is one of the most serious forms of violence. It is the unwanted penetration of the body; with variations in definitions that concern whether absence of consent or use or threat of use of force is central, the object doing the penetration, and the orifice of the body being penetrated. The UN has a recommended definition for legislation, but there are currently some variations in the definition used in different legal regimes. There are further variations in the meaning in social science research and in popular understandings. There are many ingenious ways to address rape, to prevent it, to support victims. These practices are under development, constantly being tested and improved. This report is an overview of the worldwide best practices for rape prevention and for assisting women victims of rape. It is based on a review of the international literature on developments, together with a series of case studies of best practices.

DIRECTORATE-GENERAL FOR INTERNAL POLICIES, 2013, 214p.

MOBILIZING FOR POLICY CHANGE: WOMEN'S MOVEMENTS IN CENTRAL AND EASTERN EUROPEAN DOMESTIC VIOLENCE POLICY STRUGGLES

Edited by Andrea Krizsán

Domestic violence, one of the most prevalent forms of gender-based violence, is a policy ield where spectacular progress took place worldwide in the last decades. Importantly the issue was put on the policy agenda across diferent regions and countries almost invariably by women’s movements (Htun and Weldon 2012). Awareness of domestic violence as a policy issue which needs state intervention has also showed spectacular progress in the last decade or so in most countries of Central and Eastern Europe. Yet, considerable variety emerges in the achieved policy outputs and the extent to which these outputs are gender equality sensitive and serve the interests of women victims/survivors (Krizsan and Popa 2014). his volume asks how this variation can be connected to women’s movements in the region. Is women’s rights advocacy and autonomous women’s organizing an equally important component of progress in countries of this region?

Center for Policy Studies, 2015, 249p.

Applying Procedural Justice to Sexual Harassment Policies, Processes, and Practice: Issue Paper

By Umphress, E., and Thomas, J. M. (Eds.)

The 2018 National Academies report Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine recommends the creation of institutional policies that can improve an institution's climate, culture, and reporting options while supporting those who have experienced sexual harassment.

This perspective paper addresses the 2018 report recommendations by exploring how a procedural justice framework could help guide improvements and revisions to policies, processes, and practices within higher education institutions with the potential to mitigate the negative experiences and outcomes of those affected by sexual harassment. Based on previous research, this paper applies a principles-based perspective to highlight ideals, rules, and standards that institutions can implement to achieve this goal.

Washington, DC: The National Academies Press. https://doi.org/10.17226/26563. 2022. 33p.

Identifying Gaps in Sexual Harassment Remediation Efforts in Higher Education:

By TERESA FRASCA et al.

Sexual harassment continues to be a persistent problem in institutions of higher education, despite the creation of new resources, policies, and programs aimed at combatting high rates on campuses (NASEM, 2018). Historically, these institutions have focused sexual harassment 1 prevention and response efforts on complying with the requirements of the law (NASEM, 2018). Specifically, institutions in the United States have focused on responding to formal reports of sexual harassment through complying with Title IX and Title VII2 —which prohibit discrimination against employees, students, staff, and/or faculty on the basis of sex—rather than identifying what harm has been caused by the sexual harassment, who has been harmed, and how that harm can be repaired. Even when institutions provide resources to repair the harm caused by sexual harassment, the harm might extend beyond the conclusions of the institutional response process and provision of the required remedial measures and sanctions (when applicable) (e.g., Grossi, 2017; Karp and Frank, 2016; McMahon et al., 2019; NASEM, 2018; Smith and Freyd, 2014). Put simply, there is a lack of attention to remediating (or repairing and limiting) the damage caused by sexual harassment across the timeline of the institutional response process (see Box 1 and Figure 1).

National Academies of Sciences. 2025. 76p.

Access to Social Justice: Effective Remedies for Social Rights

By Katie Boyle, Diana Camps, Kirstie Ken English, Jo Edson Ferrie, Aidan Flegg, and Gaurav Mukherjee

Available open access digitally under CC-BY-NC-ND licence. This book addresses the significant violations of social rights in the UK, as well as the gaps in access to justice to remedy them. This is a unique contribution to our understanding of human rights from the perspective of access to justice with key insights for policy and practice.

2025, 253p.

Labor Market Impacts of Reducing Felony Convictions

By Amanda Y. Agan, Andrew Garin, Dmitri K. Koustas, Alexandre Mas, and Crystal Yang

All results in this paper using IRS data are drawn from the publicly available working paper “The Impact of Criminal Records on Employment, Earnings, and Tax Filing,” which is available on the IRS Statistics of Income Tax Stats website. The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors and do not necessarily reflect the views or the official positions of the U.S. Department of the Treasury or the Internal Revenue Service. All results have been reviewed to ensure that no confidential information is disclosed. Researchers Agan, Garin, and Koustas received funding for this research through the Clean Slate Initiative, a project of the New Venture Fund. We thank the San Joaquin Public Defender's Office and District Attorney's office for their help and tireless work in making this project possible. We also thank the numerous interns who worked in San Joaquin to help us gather data. Camilla Adams, Kaan Cankat, Sarah Frick, Jared Grogan, Bailey Palmer, and Kalie Pierce provided instrumental research assistance. We also thank Emma Rackstraw and J-PAL NA for the initial conversations that allowed this project to happen. The RCT in this paper was registered in the AEA RCT Registry, RCT ID: AEARCTR-0004414. IRB approvals were obtained where necessary.

WORKING PAPER · NO. 2023-133

Chicago: University of Chicago, The Becker Friedman Institute for Economics, 2023. 53p.

International Human Rights and Local Courts: Human Rights Interpretation in Indonesia

Edited by Aksel Tømte and Eko Riyadi

This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

London: New York: Routledge, 2024.